9911796707
TMI Blog2024 (11) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... will be in existence for a period of six months in terms of Section 281B(2) of the Act. The respondents are empowered to extend the said provisional attachment orders for further period of two years by virtue of proviso to sub-section (2) of Section 281B of the Act. In the present case, admittedly, no such extension order has been passed before the expiry of the original provisional attachment orders dated 10.01.2024. Therefore, the said order would cease to have effect after expiry of the period of six months from the date of provisional attachment orders dated 10.01.2024. As rightly contended by the learned Senior Counsel for the petitioner, the period of six months from the date of impugned provisional attachment dated 10.01.2024, has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned provisional attachment orders dated 10.01.2024 passed by the first respondent in terms of Section 281B of the Income Tax Act, 1961 (in short, 'the Act'), the petitioner have filed the present Writ Petitions. 3. Mr.P.H.Arvindh Pandian, learned Senior counsel for the petitioner submitted that, in terms of Section 281B of the Act, the provisional attachment orders dated 10.01.2024 was passed by the first respondent, ordering attachment of certain immovable properties of the petitioner. He pointed out that in terms of Section 281B of the Act, the said attachment would cease to have effect after the expiry of a period of six months from the date of the order made, i.e. 10.01.2024. He would submit that the said attachment orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, he submitted that the respondents have not extended the said provisional attachment orders after expiry of six months period from the date of the said provisional attachment orders dated 10.01.2024. Hence, he would urge this Court to grant liberty and the respondents may be permitted to take appropriate steps to pass appropriate orders in terms of proviso to Sub Section (2) of Section 281B of the Act. 5. Heard the learned Senior Counsel for the petitioner as well as the learned Senior Standing Counsel for the respondents and also perused the materials available on record. 6. In the present case, the attachment orders were passed in terms of Section 281B (1) of the Act on 10.01.2024 and the said orders will be in existence for a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extension of provisional attachment orders has been made by the respondents. In the absence of extension of provisional attachment orders dated 10.01.2024, the same should ceased to have effect from 10.07.2024 onwards, i.e. after expiry of six months period. Of course, the original interim order granted by this Court, dated 15.02.2024 would continue as long as the impugned provisional attachment order is in existence. As and when the impugned provisional attachment order got elapsed, automatically, the interim order granted by this Court would cease to operate and hence, the question of continuation of interim order does not arise. Accordingly, the position as on date is clarified that the provisional attachment orders dated 10.01.2024 have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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